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How Will President Kenyatta Respect, Uphold & Safeguard Kenya Constitution 1 (1) & 94 (5)?

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Kenya Constitution continues to lift Kenya high up. Kenya Constitution continues to lift Kenya high up.

In the vacating of the Elections NASA coalition statement reads, “26. 290. Suppose, however, that the candidates, or a candidate who took part in the original election, dies or abandons the electoral quest before the scheduled date: then the provisions of Article 138 (1) (b) would become applicable, with fresh nominations ensuing. 27. As per a correction issued on 6 May 2013, the Supreme clarified that the relevant article is above is 138 (8) (b) which deals with cancellation of a presidential election in the event of the death of the president or the deputy on or before scheduled date. The Supreme Court finding expanded this clause to include when a candidate withdraws from the presidential election. 29. Our withdrawal from the election requires the IEBC to cancel the election and to conduct fresh nominations.."

Kenya Constitution 1 (1) & (2), 94. (5) and 131 (2) reads:

  • Kenya Constitution 1. (1) All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. (2) The people may exercise their sovereign power either directly or through their democratically elected representatives. 
  • Kenya Constitution 94 (5) No person or body, other than Parliament, has the power to make provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation.
  • Kenya Constitution 131 (2) The President shall— (a) respect, uphold and safeguard this Constitution.

For Sovereign Power to belong to the people, the power should be exercised as Ordered by Kenya Constitution.  

The words, “the Supreme Court finding expanded this clause to include a candidate withdrawal from the presidential race,” do not have any Constitution provision. The Supreme Court cannot make a provision having the force of law in Kenya. Any law can only be established through Kenya Constitution or Parliament legislation. For this provision to be law a Constitution amendment per Chapter 16 or legislation would have to be enacted. Kenya Constitution article 94 (5) states, "no person or body, other than parliament has the power to make provision having the force of law." 

The Constitution not only requires the President to respect and uphold it; the Constitution also orders the President to safeguard it through constitutional law article 131 (2). President Uhuru Kenyatta has so far obeyed and steered the Kenya per constitutional law. He is now called upon to issue a statement that will safeguard the constitution. Elections per Constitution 140 have to be held in 140 days. 

ReadPresident: Respect, Uphold & Safeguard Constitution Order 131 (2).

Supreme Court Justices maybe required to defend the Constitution as established in their Constitutional oath of office:  

I, …………………, (The Chief Justice/President of the Supreme Court, a judge of the Supreme Court, a judge of the Court of Appeal, a judge of the High Court) do (swear in the name of the Almighty God)/(solemnly affirm) to diligently serve the people and the Republic of Kenya and to impartially do Justice in accordance with this Constitution as by law established, and the laws and customs of the Republic, without any fear, favour, bias, affection, ill-will, prejudice or any political, religious or other influence. In the exercise of the judicial functions entrusted to me, I will at all times, and to the best of my knowledge and ability, protect, administer and defend this Constitution with a view to upholding the dignity and the respect for the judiciary and the judicial system of Kenya and promoting fairness, independence, competence and integrity within it. (So help me God.)

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